If there were global justice, Nato would be in the dock over Libya

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Illustration by Belle Mellor

Liberia's Charles Taylor has been convicted of war crimes, so why not the western leaders who escalated Libya's killing?

May 15, 2012

Libya was supposed to be different. The lessons of Iraq and Afghanistan had been learned, David Cameron and Nicolas Sarkozy insisted last year. This would be a real humanitarian intervention. Unlike Iraq, there would be no boots on the ground. Unlike in Afghanistan, Nato air power would be used to support a fight for freedom and prevent a massacre. Unlike the Kosovo campaign, there would be no indiscriminate cluster bombs: only precision weapons would be used. This would be a war to save civilian lives.

A year after the western powers tried to make up for lost ground in the Arab uprisings by tipping the balance of the Benghazi-led revolt, Libya is in the lawless grip of rival warlords and armed conflict between militias, as the western-installed National Transitional Council (NTC) passes Gaddafi-style laws clamping down on freedom of speech, gives legal immunity to former rebels and disqualifies election candidates critical of the new order. These are the political forces Nato played the decisive role in bringing to power.

Given the tens of thousands of civilians killed by US, British and other Nato forces both from the air and on the ground in Iraq, Afghanistan, Pakistan and Yemen over the last decade, perhaps Nato commanders prefer not to detain themselves with such comparative trifles. And Human Rights Watch believes that, whatever the real number of civilians directly killed by Nato bombing, it was relatively low given the 10,000-odd sorties flown.

But while Nato's UN mandate was to protect civilians, the alliance in practice turned that mission on its head. Throwing its weight behind one side in a civil war to oust Gaddafi's regime, it became the air force for the rebel militias on the ground. So while the death toll was perhaps between 1,000 and 2,000 when Nato intervened in March, by October it was estimated by the NTC to be 30,000 – including thousands of civilians.

We can't of course know what would have happened without Nato's bombing campaign, even if there is no evidence that Gaddafi had either the intention or capability to carry out a massacre in Benghazi. But we do know that Nato provided decisive air cover for the rebels as they matched Gaddafi's forces war crime for war crime, carried out massacres of their own and indiscriminately shelled civilian areas with devastating results – such as reduced much of Sirte to rubble last October.

There were also Nato and Qatari boots on the ground, including British special forces, co-ordinating rebel operations. So Nato certainly shared responsibility for the deaths of many more civilian than its missiles directly incinerated.

That is the kind of indirect culpability that led to the conviction last month of Charles Taylor, the former president of Liberia, in the UN-backed special court for Sierra Leone in The Hague. Taylor, now awaiting sentence and expected to be jailed in Britain, was found guilty of "aiding and abetting" war crimes and crimes against humanity during Sierra Leone's civil war in the 1990s. But he was cleared of directly ordering atrocities carried out by Sierra Leonean rebels.

Which pretty well describes the role played by Nato in Libya last year. International lawyers say legal culpability would depend on the degree of assistance and knowledge of war crimes for which Nato provided cover, even if the political and moral responsibility could not be clearer.

But there is of course simply no question of Nato leaders being held to legal account for the Libyan carnage, any more than they have been for far more direct crimes carried out in Iraq and Afghanistan. The only Briton convicted of a war crime over the bloodbath of Iraq has been Corporal Donald Payne, for abuse of prisoners in Basra in 2003. While George Bush has boasted of authorising the international crime of torture and faced not so much as a caution.

Which only underlines that what is called international law simply doesn't apply to the big powers or their political leaders. In the 10 years of its existence, the International criminal court has indicted 28 people from seven countries for war crimes and crimes against humanity. Every single one of them is African – even though ICC signatories include war-wracked states such as Colombia and Afghanistan.

That's rather as if the criminal law in Britain only applied to people earning the minimum wage and living in Cornwall. But so long as international law is only used against small or weak states in the developing world, it won't be a system of international justice, but an instrument of power politics and imperial enforcement.

Just as the urgent lesson of Libya – for the rest of the Arab world and beyond – is that however it is dressed up, foreign military intervention isn't a short cut to freedom. And far from saving lives, again and again it has escalated slaughter.